What the law actually says

Copyrights, Contracts, & Guidelines for Dinosaur Artists & Paleontologists

Part 1 Copyrights

What the law
actually says: The federal copyright statues are found in title 17 of the United States Code, 17 U.S.C.A. section 101 et seq. A number of changes to the law were implemented in 1978 which simplified the copyright system and increased its usefulness to, among others, artists such as ourselves. By following a few relatively simple procedures, including registration with the Copyright Office as discussed below, the federal copyright law can serve as the artist’s friend and protector.
Specifically, the law states that all creative works are automatically copyright-protected as soon as they are made in a tangible form. Section 106 of the Copyright Act gives the owner of the copyright the exclusive right to do and authorize others to do the following:

to reproduce the copyrighted work

to produce works derived from the copyrighted work (“derivative works” or products)

to distribute copies of the copyrighted work to the public by sale or other transfer of ownership or by rental, lease or lending

to display the copyrighted work publicly

Among the things of interest to dinosaur artists and paleontologists which the law includes as copyrightable are: literary works of fiction or non-fiction and two-dimensional and three-dimensional works of fine, graphic, and applied art, photographs, prints and art reproductions, maps, charts, models, and technical drawings. This is by no means everything the law encompasses. Detailed lists of what works are included are printed by the Copyright Office in publications such as Form TX and Copyright Office Circular 40, Copyright Registration for Works of the Visual Arts.

Things that are not covered by the copyright law are:

works that have not been fixed in a tangible form of expression,
like cool ideas, concepts, procedures, discoveries, and principles

titles, names, short phrases, slogans, familiar symbols

works consisting entirely of information that is common property, such as calendars, height and weight charts or lists or tables taken from
common sources

Works created after January 1, 1978, bearing copyright notice are protected from the moment of creation for a term enduring through the artist’s life, plus an additional 50 years. (I believe there is legislation pending to increase this protection to life plus 70 years.) Works for Hire are protected for 75 years from publication.

For works published after March 1, 1989, the use of the copyright notice is legally optional, but highly recommended primarily because the notice informs the public that the work is protected by copyright, who the copyright owner is, and what year the first publication of the work took place. This is important in case the work is copied, reproduced or used without authorization (“infringed upon”) as it prevents the infringer from claiming “innocent infringement,” (he or she didn’t realize the work was protected.) Successfully proving “innocent infringement” reduces the damages the court might otherwise allow a copyright owner.

Works published after January 1, 1978 but before March 1, 1989 which do not display the copyright notice are considered public domain. Copyright may not automatically be lost in these works but some steps must be taken to correct this omission. For information about these remedies, you should contact the Copyright Office, (address and phone numbers in the back of this book,) and request Circular #3.

The correct way to display copyright notice is as follows:

placement of notice should be made on the title page of a manuscript, on the front or back or on a securely attached cover of a two-dimensional artwork, on the base or securely attached label on a three-dimensional work, on the holder of a slide or a securely attached label on a chrome. Notice must be visually perceptible on all copies of an artwork, and should be written this way: ©1996 Leonardo Da Vinci so

The notice should always contain the “c in a circle” (except for phono records of sound recordings, where the appropriate symbol is a “P in a circle”) then the year of first publication of the work, or in the case of unpublished work, the year of registration, then the name of the owner of the copyright. Don’t do it any other way. Problems can come up using variations of this notice. If, for some reason, display of notice is not possible in this manner, consult a lawyer before getting inventive.

This notice is sufficient throughout the world, although there really isn’t any such thing as “international copyright protection”. Protection of an artist’s or author’s works in other countries basically depends on the laws of that country. Still, most countries do offer some protection to foreign works and the U.S. belongs to both of the worldwide copyright treaties
- the Berne Convention for the Protection of Literary and Artistic Works and the Universal Copyright Convention.

The U.S. joined the Berne Union on March 1, 1989 and several changes took place as a result:

The U.S. gained protection for its authors and artists in all member nations of the Berne Union, some of which had no previous copyright treaties with the United States.

It is no longer necessary that a U.S. artist publish simultaneously in a Berne Union country to gain its protection.

In the United States, if works are unpublished, the law protects them without regard for the artist’s nationality or where the artist lives. Published works are covered for artists who are permanent residents of any nation covered by a copyright treaty with the U.S.

An artist or author considering doing business with a client in another country should probably find out the extent of protection given to foreign works in that country. (The Middle East and China, for example, are problematical areas.) For a list of the treaty relations that the U. S. has with other nations you should contact the copyright office and request Circular 38a.

The defining principles of the current copyright law are that an artist or author has copyright protection from the moment a work is fixed in tangible medium of expression, and that the mere ownership of a book, record, sculpture, manuscript, or painting doesn’t give the possessor the right to copy it.

“The transfer of ownership of any material object that embodies a protected work does not of itself convey any rights in the copyright” (U.S. Copyright Office Circular 1.) The copyright of a work belongs to the artist or author of that work unless it is specifically transferred in writing. There is no verbal transfer of copyright. This having been said, I cannot stress strongly enough the importance of registering your copyright.

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		Part 1 Copyrights

What the law actually says:		The federal copyright statues are found in title 17 of the United States Code, 17 U.S.C.A. section 101 et seq. A number of changes to the law were implemented in 1978 which simplified the copyright system and increased its usefulness to, among others, artists such as ourselves. By following a few relatively simple procedures, including registration with the Copyright Office as discussed below, the federal copyright law can serve as the artist’s friend and protector. Specifically, the law states that all creative works are automatically copyright-protected as soon as they are made in a tangible form. Section 106 of the Copyright Act gives the owner of the copyright the exclusive right to do and authorize others to do the following: to reproduce the copyrighted work to produce works derived from the copyrighted work (“derivative works” or products) to distribute copies of the copyrighted work to the public by sale or other transfer of ownership or by rental, lease or lending to display the copyrighted work publicly Among the things of interest to dinosaur artists and paleontologists which the law includes as copyrightable are: literary works of fiction or non-fiction and two-dimensional and three-dimensional works of fine, graphic, and applied art, photographs, prints and art reproductions, maps, charts, models, and technical drawings. This is by no means everything the law encompasses. Detailed lists of what works are included are printed by the Copyright Office in publications such as Form TX and Copyright Office Circular 40, Copyright Registration for Works of the Visual Arts. Things that are not covered by the copyright law are: works that have not been fixed in a tangible form of expression, like cool ideas, concepts, procedures, discoveries, and principles titles, names, short phrases, slogans, familiar symbols works consisting entirely of information that is common property, such as calendars, height and weight charts or lists or tables taken from common sources Works created after January 1, 1978, bearing copyright notice are protected from the moment of creation for a term enduring through the artist’s life, plus an additional 50 years. (I believe there is legislation pending to increase this protection to life plus 70 years.) Works for Hire are protected for 75 years from publication. For works published after March 1, 1989, the use of the copyright notice is legally optional, but highly recommended primarily because the notice informs the public that the work is protected by copyright, who the copyright owner is, and what year the first publication of the work took place. This is important in case the work is copied, reproduced or used without authorization (“infringed upon”) as it prevents the infringer from claiming “innocent infringement,” (he or she didn’t realize the work was protected.) Successfully proving “innocent infringement” reduces the damages the court might otherwise allow a copyright owner. Works published after January 1, 1978 but before March 1, 1989 which do not display the copyright notice are considered public domain. Copyright may not automatically be lost in these works but some steps must be taken to correct this omission. For information about these remedies, you should contact the Copyright Office, (address and phone numbers in the back of this book,) and request Circular #3. The correct way to display copyright notice is as follows: placement of notice should be made on the title page of a manuscript, on the front or back or on a securely attached cover of a two-dimensional artwork, on the base or securely attached label on a three-dimensional work, on the holder of a slide or a securely attached label on a chrome. Notice must be visually perceptible on all copies of an artwork, and should be written this way: ©1996 Leonardo Da Vinci so The notice should always contain the “c in a circle” (except for phono records of sound recordings, where the appropriate symbol is a “P in a circle”) then the year of first publication of the work, or in the case of unpublished work, the year of registration, then the name of the owner of the copyright. Don’t do it any other way. Problems can come up using variations of this notice. If, for some reason, display of notice is not possible in this manner, consult a lawyer before getting inventive. This notice is sufficient throughout the world, although there really isn’t any such thing as “international copyright protection”. Protection of an artist’s or author’s works in other countries basically depends on the laws of that country. Still, most countries do offer some protection to foreign works and the U.S. belongs to both of the worldwide copyright treaties - the Berne Convention for the Protection of Literary and Artistic Works and the Universal Copyright Convention. The U.S. joined the Berne Union on March 1, 1989 and several changes took place as a result: The U.S. gained protection for its authors and artists in all member nations of the Berne Union, some of which had no previous copyright treaties with the United States. It is no longer necessary that a U.S. artist publish simultaneously in a Berne Union country to gain its protection. In the United States, if works are unpublished, the law protects them without regard for the artist’s nationality or where the artist lives. Published works are covered for artists who are permanent residents of any nation covered by a copyright treaty with the U.S. An artist or author considering doing business with a client in another country should probably find out the extent of protection given to foreign works in that country. (The Middle East and China, for example, are problematical areas.) For a list of the treaty relations that the U. S. has with other nations you should contact the copyright office and request Circular 38a. The defining principles of the current copyright law are that an artist or author has copyright protection from the moment a work is fixed in tangible medium of expression, and that the mere ownership of a book, record, sculpture, manuscript, or painting doesn’t give the possessor the right to copy it. “The transfer of ownership of any material object that embodies a protected work does not of itself convey any rights in the copyright” (U.S. Copyright Office Circular 1.) The copyright of a work belongs to the artist or author of that work unless it is specifically transferred in writing. There is no verbal transfer of copyright. This having been said, I cannot stress strongly enough the importance of registering your copyright.

		<< Previous \| Top of Page \| Contents \| W&K Publications \| Next >>